Shshank Rai, University School of Law and Legal Studies
ABSTRACT
The following paper discusses current debates and reform efforts that circle the mechanism of Investor-State Dispute Settlement. Although ISDS provides a means for resolving disputes between foreign investors and host states, it has been criticized for its potential to undermine state sovereignty and regulatory autonomy. Among other things, this paper will focus on some of the key cases, pointing out transparency and partiality problems, high costs, and related issues with ISDS procedures. It considers some of the new generation initiatives executed to revamp the system in terms of betterment about fairness and balancing of interests between investors and host states. In this context, it looks into the reforms being undertaken to outline the future path that ISDS may take, and to apprise the challenges involved in the endeavour of institutionalizing a fair and more transparent framework for dispute resolution.
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